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Responses

After filing a lawsuit, the next step in the case process is to wait for the defendant's response. Defendants are afforded a set amount of time to respond to the claim. Luckily, there is a time limit set for responses (typically 30 days), so the filing party does not have to wait an indefinite amount of time to begin the next part of the case process.

Keep in mind the defendant has to be served court papers. In some cases, this is rather easy. It may simply be a matter of mailing the petition to the company. On the other hand, if the company has closed or gone bankrupt, it may take some time to contact the appropriate people with the petition and other necessary paperwork.

Upon filing paperwork and sending it to the defendant, your lawyer may receive a number of possible responses. Rarely, if ever, will the defendant admit any kind of guilt, which would only hurt their case in the end. Instead, it is common for the defendant to make a number of allegations in direct opposition to the initial claim.

What to Expect

First, the company may claim the state's statute of limitations has been violated. This is a common first response, which the court system will have to review. States vary, but in most cases you are required to file a petition within two years of diagnosis. Remember, the clock starts ticking upon initial diagnosis of an asbestos-related disease, and it is easy to fall behind and miss the statue of limitations deadline (especially if the case has to be filed in a different state).

You may also receive a response from the defendant that denies all fault for your medical condition. A number of allegations may be put forth, such as:

• Smoking, drinking, or drug use caused your health problems.
• Your family history shows significant health problems among relatives.
• You worked other places where asbestos was a bigger problem.
• You have not been properly diagnosed by a medical professional.
• The petition was not filed correctly, even if it was filed on time.
• You were exposed to asbestos and other dangerous substances in your own home, not just at work.
• You do not have the authority to file a wrongful death lawsuit on behalf of the deceased.
• Your medical condition is not related to asbestos exposure.

Do not be alarmed if the response you receive contains one of the above (or a similar response), as this is to be expected. Some of the elements in their response may be used if the case goes to trial and your lawyer will be fully prepared to refute such fallacious claims.

The response may include a settlement request, but this is rare. If a company has dealt with asbestos cases in the past, they may be willing to settle right away in order to avoid a lengthy and costly lawsuit. However, this first settlement offer may be very low. Expect to wait until closer to trial, or even during the trial itself to receive a reasonable offer.

During the discovery process, you will periodically receive communications with the defendant's legal team. These responses may be shared with you by your lawyer. Feel free to stay in close communication with your legal team during this vital part of the lawsuit, as well as all others.

For more information about responses and other issues, please fill out the form on the right or give us a call at 1-800-ASBESTOS (1-800-272-3786) to receive an informative packet. To read about the next stage of a lawsuit, please see Setting a Trial Date or Settlements.

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